The City Golf Club Inc T/A City Golf Club Motel

[2022] FWCA 1458

[2022] FWCA 1458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The City Golf Club Inc T/A City Golf Club Motel

(AG2022/909)

City Golf Club Toowoomba Enterprise Agreement 2022

Hospitality industry
DEPUTY PRESIDENT EASTON	SYDNEY, 29 APRIL 2022

Application for approval of the City Golf Club Toowoomba Enterprise Agreement 2022.

1. The City Golf Club Inc T/A City Golf Club Motel (the Employer) has made an application for the approval of the City Golf Club Toowoomba Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

1. I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

   • Clauses 23.7-23.10 – Annual Leave (Cashing out of Annual Leave)
   • Clause 26.1 – Compassionate Leave
   • Clause 39.4 – Notice of Termination

1. Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2022. The nominal expiry date of the Agreement is 29 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A